From a friend, why what happened last night between Barr and Berman (a thread):
“Normally, a President (and, therefore, the AG) can remove a US Attorney at will. However, this case has peculiar circumstances. If you recall, at the start of the Trump Administration...
“Normally, a President (and, therefore, the AG) can remove a US Attorney at will. However, this case has peculiar circumstances. If you recall, at the start of the Trump Administration...
... names for nominees would be announced, but no nomination would show up in the Senate. The delays were inordinate, and Trump would blame Senate Democrats, but, the truth was that his people were simply either taking inordinately long to send in the paperwork...
...or they simply were not doing it.
Well, shortly after Trump fired Preet Bharara in January 2017, the White House announced that his successor would be Geoffrey Berman. Then, nothing. No paperwork was sent to the Senate, so, although his appointment had been announced...
Well, shortly after Trump fired Preet Bharara in January 2017, the White House announced that his successor would be Geoffrey Berman. Then, nothing. No paperwork was sent to the Senate, so, although his appointment had been announced...
...he was never formally nominated. By January 2018, the judges of Southern District had had enough of this. Acting under a provision of the law which permits them to name a US Attorney, they named Berman, the announced - but not yet nominated - nomineee...
...The law provides that a US Attorney so appointed has a term which ends when the Senate has confirmed a Presidential Nominee for the position.
At this point, the WH apparently decided “Action transferred is action taken” and took no further action on Berman....
At this point, the WH apparently decided “Action transferred is action taken” and took no further action on Berman....
...As a result, the AG cannot remove Berman. If, after the judges had made the appointment, the WH had gone ahead with formally nominating him and the Senate had completed his confirmation, they could remove him....
...Now, however, the only way to remove him is for the Senate to confirm a Presidential nominee for the post.
Once again, Trump’s incompetence overcomes Trump’s will.”
Once again, Trump’s incompetence overcomes Trump’s will.”
And then -- the REAL question -- "Why -- five months before an election -- are you willing to lie in order to IMMEDIATELY remove someone."
The answer to that is, likely, jaw dropping.
The answer to that is, likely, jaw dropping.
One more set of thoughts on WHO Geoff Berman is and why this is so remarkable (quoting @joshtpm):
"It is important to remember that Geoff Berman is no Deep State hanger-on. He is a former law partner of Rudy Giuliani and a campaign donor to Trump’s 2016 campaign..."
"It is important to remember that Geoff Berman is no Deep State hanger-on. He is a former law partner of Rudy Giuliani and a campaign donor to Trump’s 2016 campaign..."
"...Indeed, the fact that he ended up being appointed formally by the judges in the district stemmed from the dubious circumstances of his original appointment. Berman served on Trump’s presidential transition team and Trump personally interviewed Berman..."
"...before agreeing to nominate him to the New York position. The head of that office has jurisdiction over Trump’s literal home turf. It’s a key position."
And you can only imagine how BAD it is...if THIS is the guy who was forced to find a spine.
And you can only imagine how BAD it is...if THIS is the guy who was forced to find a spine.
BTW, my friend from the top of this thread...the one with the good insight...is @DMCohen4. Give him a follow or toss him more questions.